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THE 



CONSTITUTION 

OF THE 

STATE OF RHODE-ISLAND 

AND 

PROVIDENCE PLANTATIONS. 







ADOPTED, NOVEMBER, 1842. 



PROVIDENCE: 
PRINTED BY KNOWLES AND VOSE. 

1842. 



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CONSTITUTION. 

We, the people of the State of Rhode Island and Provi- 
dence Plantations, grateful to Almighty God for the civil 
and religious liberty which He hath so long permitted us to 
enjoy, and looking to Him for a blessing upon our endeavors 
to secure and to transmit the same, unimpaired, to succeed- 
in generations, do ordain and establish this Constitution of 
Government. 

ARTICLE FIRST. 

DECLARATION OF CERTAIN CONSTITUTIONAL RIGHTS AND 
PRINCIPLES. 

In order effectually to secure the religious and political 
freedom established by our venerated ancestors, and to pre- 
serve the same for our posterity, we do declare that the es- 
sential and unquestionable rights and principles hereinafter 
mentioned, shall be established, maintained, and preserved, 
and shall be of paramount obligation in all legislative, judi- 
cial and executive proceedings. 

Section 1. In the words of the Father of his Country, we 
declare, that u the basis of our political systems is the right 
of the people to make and alter their constitutions of govern- 
ment ; but that the constitution which at any time exists, till 
changed by an explicit and authentic act of the whole peo- 
ple, is sacredly obligatory upon all." 

Sec. 2. All free governments are instituted for the protec- 
tion, safety, and happiness of the people. All laws therefore, 
should be made for the good of the whole; and the burdens 
of the State ought to be fairly distributed among its citizens. 

Sec. 3. Whereas, Almighty God hath created the mind 
free ; and all attempt to influence it by temporal punishments 
or burthens.or by civil incapacitations, tend to beget habits of 
hypocricy and meanness ; and whereas a principal object of 



our venerable ancestors, in their migration to this country 
and their settlement of this State, was, as they expressed it, 
to hold forth a lively experiment that a flourishing civil State 
may stand and be best maintained with full liberty in relig- 
ious concernments : we, therefore, declare, that no man shall 
be compelled to frequent or to support any religious worship, 
place or ministry whatever, except in fulfilment of his own 
voluntary contract ; nor enforced, restrained, molested or bur- 
thened in his body or goods; nor disqualified from holding any 
office ; nor otherwise suffer on account of his religious belief; 
and that every man shall be free to worship God according 
to the dictates of his own conscience, and to profess and by 
argument to maintain his opinion in matters of religion ; and 
that the same shall in no wise diminish, enlarge or affect his 
civil capacity. 

Sec. 4. Slavery shall not be permitted in this State. 
Sec. 5. Every person within this State ought to find a cer- 
tain remedy, by having recourse to the laws, for all injuries 
or wrongs which he may receive in his person, property, or 
character. He ought to obtain right and justice freely, and 
without purchase, completely and without denial ; promptly 
and without delay ; conformably to the laws. 

Sec. 6. The right of the people to be secure in their per- 
sons, papers, and possessions, against unreasonable searches 
and seizures, shall not be violated ; and no warrant shall is- 
sue but on complaint in writing, upon probable cause, sup- 
ported by oath or affirmation, and describing as nearly as may 
be, the place to be searched, and the persons or things to be 
seized. 

Sec. 7. No person shall be held to answer for a capital or 
other infamous crime, unless on presentment or indictment by 
a grand jury, except in cases of impeachment, or of such of- 
fences as are cognizable by a justice of the peace ; or in ca- 
ses arising in the land or naval forces, or in the millitia, when 
in actual service in time of war or public danger. No per- 
son shall after an acquittal, be tried for the same offence. 

Sec. 8. Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel punishments inflicted ; and all pun- 
ishments ought to be proportioned to the offence. 

Sec. 9. All persons imprisoned ought to be bailed by suf- 



ficient surety, unless for offences punishable by death or by im- 
prisonment for life, when the proof of guilt is evident or the 
presumption great. The privelege of the writ of habeas cor- 
pus shall not be suspended, unless when in cases of rebellion 
or invasion the public safety shall require it; nor ever with- 
out the authority of the General Assembly. 

Sec. 10. In all criminal prosecutions, the accused shall en- 
joy the right to a speedy and public trial, by an impartial 
jury ; to be informed of the nature and cause of the accusa- 
tion, to be confronted with the witnesses against him, to have 
compulsory process for obtaining them in his favor, to have 
the assistance of counsel in his defence, and shall be at lib- 
erty to speak for himself; nor shall he be deprived of life, lib- 
erty, or property, unless by the judgment of his peers, or the 
laws of the land. 

Sec. 11. The person of a debtor, when there is not strong 
presumption of fraud, ought not to be continued in prison, af- 
ter he shall have delivered up his property for the benefit of 
his creditor, in such manner as shall be prescribed by law. 
Sec. 12. No ex post facto law, or law impairing the obli- 
gation of contracts, shall be passed. 

Sec. 13. No man in a court of common law shall "be com- 
pelled to give evidence criminating himself. 

Sec. 14. Every man being presumed innocent, until he is 

pronounced guilty by the law, no act of severity which is not 

necessary to secure an accused person, shall be permitted. 

Sec. 15. The right of trial by jury shall remain inviolate. 

Sec. 16. Private property shall not be taken for public uses, 

without just compensation. 

Sec. 17. The people shall continue to enjoy and freely ex- 
ercise all the rights of fishery, and the privileges of the shore, 
to which they have been heretofore entitled under the char- 
ter and usages of this State. But no new right is intended 
to be granted, nor any existing right impaired by this dec- 
laration. 

Sec. 18. The military shall be held in strict subordinwti >n 

to the civil authority. And the law martial shall be used i\r. 1 

exercised in such cases only as occasion shall necessarily rt - 

quire. 

. Sec. 19. No soldier shall be quartered in any house, in time 



of peace, without the consent of the owner ; nor, in time of 
war, but in manner to be prescribed by law. 

Sec. 20. The liberty of the press being essential to the se- 
curity of freedom in a state, any person may publish his sen- 
timents on any subject being responsible for the abuse of 
that liberty ; and in all trials for libel, both civil and criminal, 
the truth, unless published from malicious motives/shall be 
sufficient defence to the person charged. 

Bee. 21. The citizens have a right in a peacable manner 
to assemble for their common good, and to apply to those 
invested with the powers of Government, for redress of griev- 
ances, or for other parposes, by petition, address, or remon- 
strance. 

Sec. 22. The right of the people to keep and bear arms, 
shall not be infringed. 

Sec. 23. The enumeration of the foregoing rights shall not 
be construed to impair or deny others retained by the people. 
ARTICLE SECOND. 

OF THE QUALIFICATION OF ELECTORS. 

Section 1. Every male citizen of the United States, of the 
age of twenty-one years, who has had his residence and home 
in this State for one year, and in the town or city in which 
he may claim a right to vote, six months next preceding the 
time of voting, and who is really and truly possessed in his 
own right of real estate in such town or city of the value of 
one hundred and thirty-four dollars over and above all incum- 
brances, or which shall rent for seven dollars per annum over 
and above any rent reserved or the interest of any incumbran- 
ces thereon, being an estate in fee simple, fee tail, for the life 
of any person, or an estate in reversion or remainder, which 
qualifies no other person to vote, the conveyance of which 
estate, if by deed, shall have been recorded at least ninety days, 
shall thereafter have aright to vote in the election of all civil 
officers and on all questions in all legal town or ward meet- 
ings so long as he continues so qualified. And if any person 
hereinbefore described shall own any such estate within this 
State out of the town or city in whifch he resides, he shall have 
a right to vote in the election of all general officers and mem- 
bers of the General Assembly in the town or city in which 
he shall have had his residence and home for the term of six 



5 

months next preceding the election, upon producing a certifi- 
cate from the clerk of the town or city in which his estate lies, 
bearing date within ten days of the time of his voting, setting 
forth that such person has a sufficient estate therein to qual- 
fy him as a voter ; and that the deed, if any y has been record- 
ed ninety days. 

Sec. 2. Every [ ] male native citizen of the United States, 
of the age of twenty-one years, who has had his residence and 
home in this State two years and in the town or city in which 
he may offer to vote, six months next preceding the time of 
voting, whose name is registered pursuant to the act calling 
the convention to frame this constitution or shall be register- 
ed in the office of the clerk of such town or city at least sev- 
en days before the time he shall offer to vote, and before the 
last day of December in the present year; and who has paid 
or shall pay a tax or taxes assessed upon his estate within 
this State and within a year of the time of voting to the 
amount of one dollar, or who shall voluntarily pay at least 
seven days before the time he shall offer to vote, and before 
said last day of December, to the clerk or treasurer of the 
town or city where he resides, the sum of one dollar, or such 
sum as with his other taxes, shall amount to one dollar, for 
the support of public schools therein, and shall make proof 
of the same, by the certificate of the clerk, treasurer or col- 
lector of any town or city where such payment is made : or, 
who being so registered, has been enrolled in any military 
company in this State, and done military service or duty there- 
in, within the present year, pursuant to law, and shall, (until 
other proof is required by law,) prove by the certificate of 
the officer legally commanding the regiment, or chartered, or 
legally authorized volunteer company in which he may have 
served or done duty,thathe has been equipped and done duty 
according to law, or by the certificate of the commissioners 
upon military claims, that he has performed military service, 
shall have a right to vote in the election of all civil officers 
and on all questions in all legally organized town or ward 
meetings, until the end of the first year after the adoption of 
this constitution, or until the end of the year eighteen hun- 
dred and forty-three. 
1 



Prom and after that time, every such citizen who has had 
the residence herein required, and whose name shall be reg- 
istered in the town where he resides, on or before the last day 
of December, in the year next preceding the time of his vot- 
ing, and who shall show by legal proof, that he has for and 
within the year next preceding the time he shall offer to vote f 
paid a tax or taxes assessed against him in any town or city 
in this State, to the amount of one dollar, or that he has been 
enrolled in a military company in this State, been equipped 
and done duty therein, according to law, and at least for one 
day during such year, shall have a right to vote in the elec- 
tion of all civil officers, and on all questions in all legally 
organized town or ward meetings. Provided, that no person 
shall at any time be alowed to vote in the election of the City- 
Council of the city of Providence, or upon any proposition to 
impose a tax or for the expenditure of money in any town or 
city,unless he shall within the year next preceeding,have paid 
a tax assessed upon his property therein, valued at least, at 
one hundred and thirty-four dollars. 

Sec. 3. The assessors of each town or city shall annually 
assess upon every person whose name shall be registerd, a 
tax of one dollar, or such sum as with his other taxes shall 
amount to one dollar, which registry tax shall be paid into the 
treasury of such town or city, and be applied to the support of 
public schools therein. But no compulsory process shall is- 
sue for the collection of any registry tax. Provided, that the 
registry tax of every person who has performed military du- 
ty according to the provisions of the preceeding section, shall 
be remitted for the year he shall perform such duty ; and the 
registry tax assessed upon any mariner, for any year while 
he is at sea, shall upon his application, be remitted ; and no 
person shall be allowed to vote whose registry tax for either 
of the two years next preceding the time of voting is not paid 
or remitted as herein provided. 

Sec. 4. No person in the military, naval, marine or any 
other service of the United States, shall be conssdered as hav- 
ing the required residence by reason of being employed in any 
garrison, barrack, or military or naval station in this State : 
and no pauper, lunatic, person non compos mentis, person un- 
der guardianship, or member of the Narragansett tribe of In- 



dians, shall be permitted to be registered or to Vote. Nor 
shall any person convicted of bribery or of any crime deemed 
infamous at common law, be permitted to exercise that priv- 
ilege, until he be expressly restored thereto by act of the 
General Assembly. 

Sec. 5. Persons residing on lands ceded by this State to 
the United States, shall not be entitled to exercise the privi- 
lege of electors. 

Sec. 6. The General Assembly shall have full power to 
provide for a registry of voters, to prescribe the manner of 
conducting the elections, the form of certificates, the nature 
of the evidence to be required in case of a dispute as to the 
right of any person to vote, and generally to enact all laws 
necessary to carry this article into effect, and to prevent abuse, 
corruption, and fraud in voting. 

ARTICLE THIRD. 

OF THE DISTRIBUTION OF POWERS. 

The powers of government shall be distributed into three 
departments ; the Legislative, Executive, and Judicial. 
ARTICLE FOURTH. 

OF THE LEGISLATIVE POWER. 

Section 1. This Constitution shall be the supreme law of 
the State, and any law inconsisent therewith shall be void. 
The General Assembly shall pass all laws necessary to carry 
this Constitution into effect. 

Sec. 2. The Legislative power, under this Constitution shall 
be vested in two Houses, the one to be called the Senate, 
the other the House of Representatives ; and both together 
the General Assembly. The concurrence of the two Houses 
shall be necessary to the enactment of laws. The style of 
their laws shall be, It is enacted by the General Assembly as 
follows. 

Sec. 3 There shall be two sessions of the General Assem- 
bly holden annually; one at Newport, on the first Tuesday 
of May, for the purposes of election and other business; 
the other on the last Monday of October, which last session 
shall be holden at South Kingsown once in two years, and 
the intermediate years alternately at Bristol and East Green- 
wich ; and an adjournment from the October session shall be 
holden annually at Providence. 



i 

Sec. 4. No member of the General Assembly shall take atijr 
fee, or be of. counsel in any case pending before either House 
of the General Assembly, under penalty of forfeiting his seat, 
upon proof thereof to the satisfaction of the House of which 
he is a member. 

Sec. 5. The person of every member of the General Assem- 
bly shall be exempt from arrest and his .estate from attach- 
ment, in any civil action, during the session of the General 
Assembly, and two days before the commencement, and two 
days after the termination thereof, ami all process served con- 
trary hereto shall be void. For any speech in debate in either 
House, no member shall be questioned in any other place. 

Sec. 6. Each House shall be the judge of the elections and' 
qualfications of its members ; and a majortty shall constitute 
a quorum to do business ; but a smaller number may adjourn 
from day to day, and may compel the attendance of absent 
members, in such manner, and under such penalties as may 
be prescribed by such House or by law. The organization 
of the two Houses may be regulated by law f subject to the 
limitations contained in this constitution, 

Sec. 7. Each House may determine its rules of proceeding, 
punish contempts, punish its members for disorderly behavior r 
and, with the concurrence of two-thirds, expel a member; but 
not a second time for the same cause. 

Sec. 8. Each House shall keep a journal of its proceedings., 
The yeas and nays of the members of either House, shall at 
the desire of one-fifth of those present, be entered on the jour- 
nal. 

Sec. 9. Neither House shall, during a session, without the 
consent of the other, adjourn for more than two days, nor to 
any other place than that in which they may be sitting. 

Sec. 10. The General Assembly shall continue to exercise 
the powers they have heretofore exercised, unless prohibited 
in this constitution. 

Sec. 11. The Senators and Representatives shall receive 
the sum of one dollar for every day of attendance, and eight 
cents per mile for travelling expenses in going to and returning 
from the General Assembly. The General Assembly shall 
regulate the compensation of the Governor and all other offi- 
cers, subject to the limitations contained in this constitution^ 



Sec. 12. All lotterries shall hereafter be prohibited in this 
State, except those already authorized by the General Assem- 
bly. 

Sec. 13. The General Assembly shall have no power here- 
after, without the express consent of the people, to incur State 
debts to an amount exceeding fifty thousand dollars, except in 
time of war, or in case of insurrection or invasion, nor shall 
they in any case, without snch consent, pledge the faith of the 
State for the payment of the obligations of others. This sec- 
tion shall not be construed to refer to any money that may be 
deposited with this State by the Government of the United 
States. 

Sec. 14. The assent of two- thirds of the members elected 
to each House of the General Assembly shall be required to 
every bill appropriating the public money or property for lo- 
cal or private purposes. 

Sec. 15. The General Assembly shall, from time to time, 
provide for making new valuations of property for the assess- 
ment of taxes, in such manner as they may deem best. A new 
estimate of such property shall betaken before the first direct 
State tax after the adoption of this constitution, shall be as- 
sessed. 

Sec. 16. The General Assembly may provide by law for the 
continuance in office of any officers of annual election or ap- 
pointment, until other persons are qualified to take their places. 

Sec. 17. Hereafter, when any bill shall be presented to ei- 
ther House of the General Assembly, to create a corporation 
for any other than for religious, literaay or charitable purposes, 
or for a military or fire company, it shall be continued until 
another election of members of the General Assembly shall 
have taken place, and such public notice of the pendency there- 
of shall be given as may be required by law. 

Sec. 18. It shall be the duty of the two Houses upon the re- 
quest of either, to join in grand committee for the purpose of 
electing Senators in Congress, at such times and in such man- 
ner as may be prescribed by law for said elections. 
ARTICLE FIFTH. 

OF THE HOUSE OF REPRESENTATIVES. 

Section 1. The House of Representatives shall never ex- 
ceed seventy-two members, and shall be constituted on the 



10 

basis of population, always allowing one Representative for a 
fraction, exceeding half the ratio;- but each town or city shall 
always be entitled to at least one member ; and no town or 
city shall have more than one-sixth of the whole number of 
members to which the House is hereby limited; The present 
ratio shall be one representative to every fifteen hundred and 
thirty inhabitants, and the General Assembly may, after any 
new census taken by the authority of the United States or of 
this State, re-apportion the representation by altering the ra- 
tio; but no town or city shall be divided into districts for the 
choice of representatives. 

Sec. 2. The House of Representatives shall have authority 
to elect its speaker; clerks, and other officers. The senior 
member, from the town of Newport, if any be present, shalt 
preside in the organization of the House. 
ARTICLE SIXTH. 

OF THE SENATE. 

Section 1. The Senate shall consist of the Lieutenant-Gov- 
ernor and of one Senator from each town or city in the State. 

"Sec. 2. The Governor ; and, in his absence the Lieutenant- 
Go vernor,shall preside in the Senate and in grand committee. 
The presiding officer of the Senate and grand' committee shalT 
have a right to vote in case of equal division, but not other- 
wise. 

Sec. 3. If, by reason of death, resignation, absence, or oth- 
er cause, there be no Governor or Lieutenant-Governor pres- 
ent, to preside in the Senate, the Senate shall elect one of their 
own members to preside during such absence or vacancy; and 
until such election is made by the Senate, the Secretary of 
State- shall preside. 

See. 4. The Secretary of State shall, by virtue of his office, 
be Secretary of the Senate, unless otherwise provided bylaws 
and the Senate may elect such other officers as they may deem 
necessary. 

ARTICLE SEVENTH. 

OF THE EXECUTIVE POWER. 

Section 1. The chief executive power of this State shall be- 
vested in a Governor, who, together with a Lieutenant-Gov- 
ernor, shalL be annually elected by the people. 



11 

Sec. 2. The Governor shall take care that the laws be faith- 
fully executed. 

Sec. 3. He shall be captain-general and commander-in-cheif 
-of the military and naval forces of this State, except when 
they shall be called into the service of the United States. ■ 

Sec. 4. He shall have power to grant reprieves after conr 
viction, in all cases except those of impeachment, until the end 
•of the next session of the General Assembly. 

Sec. 5. He may fill vacancies in office not otherwise provi- 
ded for by this constitution or by law, until the same shall be 
filled by the General Assembly, or by the people. 

Sec. 6. In case of disagreement between the two Houses 
of the General Assembly, respecting the time or place of ad- 
journment, certified to him by either, he may adjourn them to 
such time and place as he shall think proper; provided that 
the time of adjournment shall not be extended beyond the day 
•of the next stated session. 

Sec. 7. He may, on extraordinary occasions, convene the 
General Assembly at any town or city in this<State, at anytime 
not provided for by law ; and in case of danger from the pre- 
valence of epidemic or contagious disease, in the place in 
which the General Assembly are by law to meet, or to which 
they may have been adjourned ; or for other urgent reasons^ 
he may, by proclamation, convene said Assembly, at any oth- 
er place within this State. 

Sec. 8. All commissions shall be in the name and by au* 
thority of the State of Rhode-Island and Providence Planta- 
tions ; shall be sealed with the State seal, signed by the Gov- 
ernor and attested by the Secretary. 

Sec. 9. In case of vacancy in the office of Governor, or of 
his inability to serve, impeachment, or absence from the State, 
the Lieutenant Governor shall fill the office of Governor and 
exercise the powers and authority appertaining thereto, until 
a Governor is qualified to act, or until the office is filled at the 
next annual election. 

Sec. 10. If the offices of Governor and Lieutenant Gover- 
nor be both vacant by reason of death, resignation, impeach- 
ment, absence, or otherwise, the person entitled to preside 
over the Senate for the time being, shall in like manner fill 
the office of Governor during such absence or vacancy. 



12 

Sec. 11. The compensation of the Governor and Lieuten- 
ant Governor shall be established by law, and shall not be 
diminished during the term for which they are elected. 

Sec. 12. The duties and powers of the Secretary, Attor* 
ney General, and General Treasurer, shall be the same un- 
der this constitution as are now established, or as from time 
to time may be prescribed by law. 

ARTICLE EIGHTH. 

OF ELECTIONS. 

Section 1. The Governor, Lieutenant-Governor, Senators, 
Representatives, Secretary of State, Attorney General, and 
General Treasurer, shall be elected at the town, city or ward 
meetings, to be holden on the first Wednesday of April, an- 
nually; and shall severally hold their offices for one year, 
from the first Tuesday of May next succeeding, and until oth- 
ers are legally chosen, and duly qualified to fill their places. 
If elected or qualified after the said first Tuesday of May, 
they shall hold their offices for the remainder of the political 
year, and until their successors are qualified to act. 

Sec. 2. The voting for Governor, Lieutenant-Governor, 
Secretary of State, Attorney General, General Treasurer, 
and Representatives to Congress, shall be by ballot ; Senators 
and Representatives to the General Assembly, and town or 
city officers, shall be chosen by ballot, on demand of any sev- 
en persons entitled to vote for the same; and in all cases 
where an election is made by ballot or paper vote, the man- 
ner of balloting shall be the same as is now required in voting 
for general officers, until otherwise prescribed by law. 

Sec. 3 The names of the persons voted for as Governor, 
Lieutenant-Governor, Secretary of State, Attorney General, 
and General Treasurer, shall be placed upon one ticket, and 
all votes for these officers, shall, in open town or ward meet- 
ings be sealed up by the moderators and town clerks and by 
the wardens and ward clerks, who shall certify the same and 
deliver or send them to the Secretary of State ; whose duty 
it shall be securely to keep and deliver the same to the grand 
committee, after the organization of the two Houses at the 
annual May session ; and it shall be the duty of the two 
Houses at said session, after their organization, upon the re- 
quest of either House, to join in grand committee, for the 



13 

purpose of counting and declaring said votes, and of electing 
other officers. 

Sec. 4. The town and ward clerks shall also keep a correct 
list or register, of all persons voting for general officers, and 
shall transmit a copy thereof to the General Assembly, on or 
before the first day of said May session. 

Sec. 5. The ballots for Senators and Representatives in 
the several towns, shall in each case after the polls are de- 
clared to be closed, be counted by- the moderator, who shall 
announce the result, and the clerk shall give certificates to 
the persons elected. If, in any case there be no election, the 
polls may be re-opened, and the like proceedings shall be 
had until an election shall take place: Provided, however, 
that an adjournment or adjournments of the election may be 
made to a time not exceeding seven days from the first 
meeting. 

Sec. 6. In the city of Providence, the polls for Senator and 
Representatives shall be kept open during the whole time of 
voting for the day, and the votes in the several wards shall 
be sealed up at the close of the meeting by the wardens and 
ward clerks in open ward meeting, and afterwards delivered 
to the city clerk. The Mayor and Aldermen shall proceed 
to count said votes within two days from the day of election; 
and if no election of Senator and Representatives, or if an 
election of only a portion of the Representatives shall have 
taken place, the Mayor and Aldermen shall order a new 
election, to be held not more than ten days from the day of 
the first election, and so on until the election shall be com- 
pleted. Certificates of election shall be furnished by the city 
clerk to the persons chosen. 

Sec. 7. If no person shall have a majority of votes for Gov- 
ernor, it shall be the duty of the grand committee to elect 
one by ballot from the two persons having the highest num- 
ber of votes for the office, except when such a result is pro- 
duced by rejecting the entire vote of any town, city, dr ward 
for informality or illegality, in which case a new eleotion by 
the electors throughout the State shall be ordered; and in 
case no person shall have a majority of votes for Lieutenant- 
Governor, it shall be the duty of the grand committee to 
2 



14 

elect one by ballot from the two persons having the highest 
number of votes for the office. 

Sec. 8. In case an election of the Secretary of State, At- 
torney General, or General Treasurer, should fail to be made 
by the electors at the annual election, the vacancy or vacan- 
cies shall be filled by the General Assembly in grand commit- 
tee, from the two candidates for such office having the greatest 
number of the votes of the electors. Or in case of a vacancy 
in either of said offices from other causes, between the sessions 
of the General Assembly, the Governor shall appoint some per- 
son to fill the same until a successor elected by the General As- 
sembly is qualified to act : and in such case, and also in all other 
cases of vacancies, not otherwise provided for, the General As- 
sembly may fill the same in any manner they may deem proper. 

Sec. 9. Vacancies from any cause in the Senate or House 
of Representatives may be filled by a new election. 

Sec 10. In all elections held by the people, under this consti- 
tution, a majority ol all the electors voting shall be necessary to 
the election of the persons voted for. 

ARTICLE NINTH. 

OF QUALIFICATIONS FOR OFFICE. 

Section 1. No person shall be eligible to any civil office, (ex- 
cept the office of school committee,) unless he be a qualified 
elector for such office. 

Sec. 2. Every person shall be disqualified from holding any 
office to which he may have been elected, if he be convicted of 
having offered, or procured any other person to offer, any bribe 
to secure his election, or the election of any other person. 

Sec. 3. All general officers shall take the following en- 
gagement before they act in their respective offices to wit : You 
being by the free vote of the electors of this 
State of Rhode Island and Providence Plantations, elected un- 
to the place of do solemnly swear (or affirm) to be 
true and faithful unto this state, and to support the Constitution 
of this State and of the United States; that you will faithfully 
and impartially discharge all the duties of your aforesaid 
office to the best of your abilities, according to law: So help 
you God. Or, this affirmation you make and give upon tlie 
peril of the penalty of perjury. 

Sec. 4. The members of the General Assembly, the Judges 



15 

of all the Courts, and all other officers, both civil and military, 
shall be bound by oath or affirmation to support this Constitu- 
tion, and the Constitution of the United States. 

Sec. 5. The oath, or affirmation, shall be administered to the 
Governor, Lieutenant-Governor, Senators, and Representa- 
tives by the Secretary of State, or in his absence, by the Attor- 
Vneral. The Secretary of State, Attorney General, and 
ral Treasurer, shall be engaged by the Governor, or by a 
lipe of the Supreme Court. 

. 6. No person holding any office under the government 
of the United States, or of any other State or country, shall act 
as a general officer, or, as a member of the General Arsembly, 
unless at the time of taking his engagement he shall have re- 
signed his office under such government ; and if any general offi- 
cer, Senator, Representative, or Judge shall, after his election 
and engagement,acceptany appointment under any other gov- 
ernment, his office under this shall be immediately vacated ; but 
this restrictiction shall not apply to any person appointed to take 
depositions or acknowledgements of deeds.or other legal instru- 
ments, by the authority of any other State or country. 
ARTICLE TENTH. 

OF THE JUDICIAL POWER. 

Section 1. The Judicial power of this State shall be vested 
in one Supreme Court, and in such inferior courts as the Gener- 
al Assembly may from time to time, ordain and establish. 

Sec. 2. The several courts shall have such jurisdiction as 
may from time to time be prescribed by law. Chancery powers 
may be conferred on the Supreme Court, but on no other Court 
to any greater extent than is now provided by law. 

Sec. 3. The Judges of the Supreme Court shall in all trials, 
instruct the jury in the law. They shall also give their written 
opinion upon any question of law whenever requested by the 
Governor, or by either house of the General Assembly. 

. 4. The Judges of the Supreme Court shall be elected 
by the two Houses in grand committee. Each Judge shall 
hold his office until his place be declared vacant by a resolution 
of the General Assembly to that effect; which resolution shall 
be voted for by a majority of all the members elected to the 
House in which it may originate, and be concurred in by the 
*ame majority of the other House. Such resolution shall not 



16 

be entertained at any other than the annual session for the elec- 
tion of public officers: and in default of the passage thereof at? 
said session, the judge shall hold his place as herein provided^ 
But a Judge of any court shall be removed from office, if, upon* 
impeachment, he shall be found guilty of any official misde- 
meanor. 

Sec. 5. In case of vacancy by death, resignation, removal 
from the State or from office, refusal or inability to serve, of any 
Judge of the Supreme Court, the office may be filled by the 
grand committee, until the next annual election, and the Judge- 
then elected shall hold his office as before provided. In cases ; 
of impeachment, or temporary absence or inability, the Gover- 
nor may appoint a person to discharge the duties of the office 
during the vacancy caused thereby. 

Sec. 6. The Judges of the Supreme Court shall receive a 
compensation for their services, which shall not be diminished 
duriog their continuance in office. 

Sec. 7. The towns of New Shoreham and Jamestown may 
continue to elect their wardens as heretofore. The other towns; 
and the city of Providence, may elect such; number of jus- 
tices of the peace resident therein, as they may deem proper;. 
The jurisdiction of said justices and wardens shall be regula- 
ted by law. The justices shall be commissioned by the Gov- 
ernor. 

ARTICLE ELEVENTH. 

OF IMPEACHMENTS.. 

Section 1. The House of Representatives shall have the> 
sole power of impeachment. A vote of two-thirds of all the 
members elected shall be required for an impeachment of the 
Governor. Any officer impeached, shall thereby be suspen- 
ded from office until judgment in the case shall have been pro- 
nounced. 

.Sec. 2 All impeachments shall be tried by the Senate; and, 
when sitting for that purpose, they shall be under oath or affir- 
mation. No person shall be convicted except by vote of two- 
thirds of the members elected. When the Governor is im- 
peached, the chief or presiding justice of the Supreme Court 
for the time being, shall preside, with a casting vote in all pre- 
liminary questions. 

Sec, 3.. The Governor and all other executive and judicial 



17 

officers, shall be liable to impeachment ; but judgment in such 
cases shall not extend further than to removal from office. The 
person convicted shall, nevertheless, be liable to indictment 
trial, and punishment according to law. 

ARTICLE TWELFTH. 

OF EDUCATION. 

Sec. 1. The diffusion of knowledge, as well as of virtue, 
among the people, being essential to the preservation of their 
rights and liberties, it shall be the duty of the General Assem- 
bly to promote public schools, and to adopt all means which 
they may deem necessary and proper to secure to the people 
the advantages and opportunities of education. 

Sec. 2. The money which now is. or which may hereafter 
be appropriated by law for the establishment of a permanent 
fund for the support of Public Schools, shall be securely in- 
vested and remain a perpetual fund for that purpose. 

Sec 3. All donations for the support of Public Schools or 
for other purposes of education, which may be received by the 
General Assembly, shall be applied according to the terms 
prescribed by the donors. 

Sec. 4. The General Assembly shall make all necessary 
provisions by law for carrying this article into effect. They 
shall not divert said money or fund from the aforesaid uses, 
nor borrow, appropriate, or use the same, or any part thereof, 
for any other purpose, under any pretence whatsoever. 
ARTICLE THIRTEENTH. 

OF AMENDMENTS. 

The General Assembly may propose amendments to this con- 
stitution by the votes of a majority of all the members elected 
to each House. Such propositions for amendment shall be 
published in the newspapers, and printed copies of them shall 
be sent to the Secretary of State, with the names of all the 
members who shall nave voted thereon, with the yeas and 
nays, to all the town and city clerks in the State. The said 
propositions shall be, by said clerks, inserted in the war- 
rants or notices by them issued, for warning the next annual 
town and ward meetings in April ; and the clerks shall read 
said propositions to the electors when thus assembled, with 
the names of ail the Representatives and Senators who shall 
2* 



18 

have voted thereon, with the yeas and nays, before the elec- 
tion of Senators and Representatives shall be had. If a ma- 
jority of all the members elected to each House, at said annu- 
al meeting, shall approve any proposition thus made, the same 
shall be published and submitted to the electors in the mode 
provided in the act of approval ; and if then approved by three- 
fifths of the electors of the State present, and voting thereon 
in town and ward meetings, it shall become a part of the con- 
stitution of the State. 

ARTICLE FOURTEENTH. 

OF THE ADOPTION OF THJ& CONSTITUTION. . 

Section 1. This constitution, if adopted, shall go into oper- 
ation on the first Tuesday of May, in the year one thousand 
eight hundred and forty-three. The first election of Govern- 
or, Lieutenant-Governor, Secretary of State, Attorney Gen- 
eral, and General Treasurer, and of Senators and Repre- 
sentatives under said constitution, shall be had on the first 
Wednesday of April next preceeding, by the electors quali- 
fied under said constitution. And the town and ward meet- 
ings therefor shall be warned and conducted as is now pro- 
vided by law. All civil and military officers now elected, or 
who shall be hereafter elected, by the General Assembly, or 
other competent authority, before the said first Wednesday of 
April, shall hold their offices and may exercise their powers 
until the said first Tuesday of May, or until their successors 
shall be qualified to act. All statutes, public and private, not 
repugnant to this constitution, shall continue in force until 
they expire by their own limitation, or are repealed by the 
General Assembly. All charters, contracts, judgments, ac- 
tions, and rights of action, shall be as valid as if this consti- 
tution had not been made. The present government shall 
exercise all the powers with which it is now clothed, until the 
said first Tuesday of May, one thousand eight hundred and 
forty-three, and until the government under this constitution is 
duly organized. 

Sec. 2. All debts contracted and engagements entered into r 
before the adoption of this constitution, shall be as valid 
against the State as if this constitution had not been adopted. 

Sec. 3. The Supreme Court, established by this constitu- 
tion, shall have the same jurisdiction as the Supreme. Judicial 



19 

Court at present established, and shall have jurisdiction of all 
causes which may be appealed to, or pending in the same ; 
and shall be held at the same times and places, and in each 
county, as the the present Supreme Judicial Court, until oth- 
erwise prescribed by the General Assembly. 

Sec. 4. The towns of New-Shoreham and Jamestown shall 
continue to enjoy the exemptions from military duty which 
they now enjoy, until otherwise prescribed by law. 

Done in Convention at East-Greenwich, this fifth day of 

November, eighteen hundred and forty-two. 

JAMES FENNER, President. 

HENRY Y. CRANSTON, Vice-PresH. 

Thomas A Jenckes, }$ ecretarie8m 
Walter W. Updike, ( 



STATE OF RHODE-ISLAND AND PROVIDENCE 
PLANTATIONS. 
In Convention. November 5, A. D. 1842. 

Resoh'ecL That the constitution framed by this convention, 
be certified by the officers thereof and with the journal and 
papers of the convention be deposited in the office of the 
Secretary of State, who shall cause said constitution, togeth- 
er with this resolution and all acts and resolutions of the 
General Assembly relating to this convention, to be printed 
and distributed according to law ; and that said constitution 
be submitted to all the people who may be by law authorised 
to vote thereon, for their ratification or rejection, at town or 
ward meetings, to be holden in the several towns and in the 
city of Providence, on Monday, Tuesday, and Wednesday, 
the 21st, 22nd, and 23d days of November, A. D. 1842. The 
several town and city clerks shall issue the necessary war- 
rants for said meetings. Said meetings shall be kept open 
for the reception of votes during the time herein specified, 
and longer if necessary, viz. from the hour of 9 o'clock in 
the forenoon until 4 o'clock in the afternoon ; and in the town 
of Newport, and city of Providence, until 7 o'clock in the 
evening on the days appointed. 

In the first line of the second secton of article second, re- 
lating to the qualification of electors, when the constitution 
is enrolled, there shall be a blank space left between the 



20 

words every and male; and at the meetings hereinbefore ap-- 
pointed for voting upon the constitution, the following ques- 
tion shall also he separately submitted to be voted upon by 
those who may be authorised to vote for or against said con- 
stitution, viz : " In case the constitution framed by the con- 
vention assembled at Newport in September, 1842, be adopt- 
ed, shall the blank in the first line of section second of article 
second of said constitution, be filled by the word 'white;' and 
a sufficient number of affirmative and negative ballots for 
this purpose shall be printed and distributed by the Secreta- 
ry. And in case said constitution be adopted, and there shall 
also be a majority of votes in favor of filling said blank with 
said word white, the General Assembly shall cause the blank 
to be so filled, and the same shall be a part of said constitution 
in the same manner as if originally inserted therein by this 
convention. But if there be a majority of votes against filling 
said blank as aforesaid, the constitution shall be printed with- 
out said blank. And if said constitution be not adopted, the 
vote taken in relation to said word white shall be of no effect. 
And the town and ward clerks shall keep separate lists of the 
votes of all colored persons under the second section of the 
article on the qualifications of electors, who may vote on the 
question of the adoption of the constitution, and also on the 
question of the insertion of the word white in said section ; and 
these ballots shall be placed in seperate parcels in the sealed 
packages of ballots to be returned by the town and ward clerks 
to the General assembly. 

The ballots upon the adoption of said constitution, and also 
upon the question in relation to said word white, shall be re- 
turned to the next session of the General Assembly holden af- 
ter the meetings herein appointed,in order that they may cause 
the votes to be counted and the result declared. 

Read and adopted. THOS. A. JENCKES, Sec'ry. 

In Convention, Nov, 5, 1842. 
Resolved, That the town and city clerks give immediate 
notice of the time appointed by this Convention for voting up- 
on this Constitution, and also of the time appointed for the 
completion of the registry of votes according to the provisions 
of section second, article second, of said Constitution, and that 



21 

the Secretary of' the Convention cause copies of this resolu- 
tion to be forwarded to all the town and city clerks in the State. 
Read and adopted. THOS. A. JENCKES, Sec'ry. 



STATE OF RHODE-ISLAND AND PROVIDENCE 

PLANTATIONS. 

It General Assembly, June Session, A. D. 1842. 

AN ACT to provide for calling a Convention of the People 

ofthis State, for the purpose of forming anew Constitution 

or form o( government for the people thereof. 
Be it ^enacted by the Gener el Assembly as follows: 

Section 1. The people of the several towns in this State, 
and of the city of Providence, qualified to voteas hereinafter 
provided, are hereby requested at the town or ward meetings, 
holden on the last Tuesday of August next, to choose so many 
delegates as they will be severally entitled to according to the 
provisions of this act, to attend a Convention to be holden at 
Newport on the second Monday of September next, to frame a 
new Constitution for this State, either in whole or in part, with 
full powers for that purpose. 

Sec. 2. A majority of the whole number of delegates, which 
all the towns and city of Providence are entitled to elect shall 
constitute a quorum who may elect a President, Secretaries, 
and other officers, judge of the election and qualification of 
members, punish contempts and establish such rules and pro- 
ceedings as they may deem proper : said Convention may ad- 
journ to any place they may think proper. Any town or city 
which may fail to elect its delegates at the time prescribed,may 
choose them at any time before the meeting of the Convention? 
and vacancies from resignations or otherwise, may be filled at 
any time by a new election. 

Sec. 3. The Constitution or articles agreed upon by the 
Convention, shall be submitted to those qualified to vote as J 
hereinafter provided, in open town or ward meetings, to be 
held on such day or days, and in such time and manner as the 
Convention shall direct. The Constitution or articles shall be 
certified by the President and Secretaries, and with the journal 
and papers of the Convention, deposited in the office of the Sec-^ 
retary of State, who shall immediately distribute to the several 
town and city clerks, in due proportion, five thousand printed 



22 

copies of the Constitution or articles, in pamphlet form, and also. 
thirty thousandballots, on the one side of which shall be printed 
^ Constitution, or Articles proposed by the Convention hollen 
at Newport on the second Monday of September, A. D. ]8A2;"' 
and on the other side thereof shall be written or printed the 
word "Adopt" on one half of them, and the word "Reject" 
on the other half. He shall also cause said Constitution or ar- 
ticles to be published in any other manner the Convention may 
prescribe. 

Sec. 4. At said town or ward meetings every person vot- 
ing shall have his name written on the back of his ballot; and 
the ballots shall be sealed up in open town or ward meetino- 
by the clerks and with lists of the voters be returned to the 
General Assembly at the next session thereof, who shall cause 
the votes to be examined and counted, and if said Constitution 
or articles be adopted by a majority of the persons having a 
right to vote, the same shall go into operation at such time 
or times, and in such manner as shall be appointed by the 
Convention. 

Sec. 5. The Delegates to said Convention, shall be elect- . 
edupon a basis of population according to the census of 1840, 
as follows : every town of not more than 3,000 inhabitants,' 
may elect two delegates ; over 3,000 and not over 6,000 three 
"delegates; over 6,000 and not over 10,000 four delegates; 
over 10,000 and not over 15,000 five delegates; and over 
15,000 six delegates. 

Sec. 6. In the choice of delegates to said Convention, the 
following description of persons shall be admitted to vote. 
All those who are qualified to vote for general officers by 
existing laws ; and all native male citizens of the United 
States, (except Narragansett Indians, convicts, paupers, per- 
sons under guardianship and non compos mentis,) who are 
of the age of 21 years and upwards, and who shall have had 
their permanent residence or home within this State for the 
period of three years next preceeding their voting, and in the 
town or city wherein they offer to vote, for the period of one 
year next preceeding such voting, and who shall have had 
their names recorded with the town or city clerk of the town 
or city in which they shall offer to vote, in proper books to 
be kept by said town or city clerk for that purpose, at least 



I 



23 

ten days before the clay of voting. In voting upon the adoption 
or rejection of said constitution or articles, in addition to those 
who are qualified to vote for general officers by the existing 
laws, all those shall be admitted to vote who will be qualified 
to vote for general officers under the provisions of said consti- 
tution or articles, if in force : but this provision shall not be 
construed to give to any person aright to vote at any town or 
ward meeting, held under and by virtue of this act, upon any 
other question or questions than the questions herein specifi- 
cally named. 

Sec. 7. The delegates shall receive the same compensation 
for attendance as members of the General Assembly, paya- 
ble upon the certificate of the Secretary. 

Sec. 8. A sum not exceeding five hundred dollars, is here- 
by appropriated for defraying the expenses of said conven- 
tion, to be paid out of the treasury to the order of the Presi- 
dent thereof. 

Sec. 9. It shall be the duty of the town, city and ward 
clerks, to warn according to law, the meetings hereby ap- 
pointed and, those which may be ordered by said convention. 

Sec. 10. Any fourteen members of the Convention, includ- 
ing the President if there be one, shall have full power and 
authority to compel the attendance of absent members. It 
shall be the duty of the sheriff of the county where the Con- 
vention shall be in session, to attend said Convention, and 
execute the orders thereof. 

Sec. 11. Whenever in any town or ward meeting holden 
under this act, any dispute shall arise as to any person's res 
idence, or other qualifications, the moderator or warden, or 
person presiding in said meetings, shall have authority to' ex- 
amine under oath the person offering to vote, and other per- 
sons who maybe present respecting the same, and decide upon 
his qualification, subject to review by the General Assembly. 
A true copy— witness, HENRY BOWEN, Sec'ry. 

STATE OF RHODE-ISLAND AND PROVIDENCE 
PLANTATIONS. 

In Convention at Newport, Sept. 29th, 1842. 
Whereas from the manifest impracticability of ascertaining 
the precise number of persons that might have a right to 



24 

vote on the adoption of any constitution to be submitted for 
adoption under the provisions of the act calling this Conven- 
tion, it is inferable that it is the true intent of said act that 
none but those actually voting should be counted; and 
whereas there is an ambiguity in said act in this particular; 
therefore, 

Resolved, That the General Assembly be requested*) pass 
such declaratory law as may be deemed necessary, for the 
plainer expression of the intent and meaning of the act afore- 
said. Read and adopted, 

THOMAS A. JENCKES, Sec'r*. 

STATE OF RHODE ISLAND AND PROVIDENCE 
PLANTATIONS. 

In General Assembly October Session, A. D. 1842. 
AN ACT to amend " An Act to provide for calling a Con- 
vention of the People of this State for the purpose of form- . 
ing a new Constitution or form of Government for the 
People thereof," passed at the June Session, A. D. 1842. 
Whereas the Convention which assembled at Newport, on 
the second Monday of September last, in pursuance of the 
provisions of the act aforesaid, have requested this General 
Assembly to declare the true intent and construction of a por- 
tion of the Fourth Section of said act: therefore, 

Be it enacted by the General Assembly as follows: 
If the Constitution or articles that maybe framed and sub- 
mitted to the people under the provisions of said act, be 
adopted by a majority of the persons having a right to vote 
and actually voting upon the question of adopting the same, 
the said Constitution or articles shall become the supreme 
law of the State ; and shall go into operation at such time or 
times and in such manner as shall be appointed by said Con- 
vention. True copy— witness, 

HENRY BOWEN, Sec'ry. 

Secretary's Office, Providence, Nov. 7. 1842. 

I certify' the foregoing Constitution and Resolutions of the 
Convention and acts of the General Assembly to be true 
copies of the records in my office. _^„ T ™ T ^ > 

P Witness, HENRY BOWEN, Sec'ry. 



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